H1-B Eligibity Question

[SAMA_USIMM]

Hello Friends,

         Hope all is well.

         I have a question where I need assistance.  My current H1 is expiring in Feb end 2014.  I have completed all 6 years in my current petition.

         From March 2014 onwards, I will be going into H4 as dependent.

   

         Since I have completed 6 years, I need to wait for one year to get h1 clock reset.

        

        My question is, do I need to wait for one complete year to apply new H1(April 2015) or can I apply in April 2014 quota?

        Do I have to apply H1 in cap or I exempt from H1 cap?

 

         If I apply in April 2014, can I work from March 2015 as one year will be over by then ?

 

         If I need to apply in 2015 April then, Is it I have to work only from October 2015?

 

       

 

        

 

 

        

 

       

[jairichi]

Hello Friends,

         Hope all is well.

         I have a question where I need assistance.  My current H1 is expiring in Feb end 2014.  I have completed all 6 years in my current petition.

         From March 2014 onwards, I will be going into H4 as dependent.

   

         Since I have completed 6 years, I need to wait for one year to get h1 clock reset.

        

        My question is, do I need to wait for one complete year to apply new H1(April 2015) or can I apply in April 2014 quota?

        Do I have to apply H1 in cap or I exempt from H1 cap?

 

         If I apply in April 2014, can I work from March 2015 as one year will be over by then ?

 

         If I need to apply in 2015 April then, Is it I have to work only from October 2015?

You would need to stay outside US for 365 days before a cap subject H1B petition could be filed. In your case, employer has to file in April 2015 and on approval you can start working from 1st Oct 2015.

[t75]

Going to H4 will NOT reset your clock. You must exit the US.  Visits to the US count against that time.

[SAMA_USIMM]

Thanks for your reply.

 

So you are saying staying in H4 will not re-set the clock.  So what would be my options then if I have to start work again.

 

Is there any possibility at all or not?

 

Like studies by applying F1 and then from F1 to H1 in future. Can I do something like that?

[jairichi]

Thanks for your reply.

 

So you are saying staying in H4 will not re-set the clock.  So what would be my options then if I have to start work again.

 

Is there any possibility at all or not?

 

Like studies by applying F1 and then from F1 to H1 in future. Can I do something like that?

Yes, staying in US on any status will not reset your clock. You need to be physically outside US for 365 days for clock to reset.

[JoeF]

For a new H1, you ABSOLUTELY HAVE TO BE ABROAD for one year!

No exceptions!